SYDNEY REASONS FOR JUDGMENT 1 The appellant, a citizen of Bangladesh, whose application for a protection visa was refused by the Refugee Review Tribunal, appeals against a decision of a judge of this Court dismissing his application to this Court under s 39B(1) the Judiciary Act 1903
The decision of the Tribunal was a privative clause decision for the purposes of s 474(1) of the Migration Act 1958
His conclusion in that matter made it unnecessary to decide whether s 474(1) would, in the circumstances, have precluded any grant of relief under s 39B of the Judiciary Act 1903
In saying this we do not imply that the circumstances of that denial may in its setting be such as to amount to a breach of one of the Hickman provisos and so be capable for that reason of founding the grant of relief under s 39B of the Judiciary Act 1903